https://www.narsol.org/2023/01/7th-circuit-considers-overturning-ruling-on-indiana-sora/ National Association for Rational Sexual Offense Laws Sat, 22 Jul 2023 00:25:03 +0000 hourly 1 https://www.narsol.org/2023/01/7th-circuit-considers-overturning-ruling-on-indiana-sora/#comment-25527 Fri, 17 Mar 2023 18:46:52 +0000 https://narsol.org/?p=89931#comment-25527 So all these judges who decided pre-sorna or pre-sora cases are ok with the legislature “adding to” the sentence that the original sentencing judge ordered? Any pre-Sorna or Sora conviction should not be touched when those laws effectively reopen a previously closed court case and enhances the sentencing regime by many fold. Why hasn’t anyone looked deeply into Plaut v. Spendthrift Farms, Inc., 514 U.S. 211 (1995). Once you understand Plaut, you will also understand that all pre-sorna or pre-sora so called offenders cannot be charged with additional requirements by any legislative or executive branch once their cases were officially closed by the judiciary. To do so is a violation of Article III of the U.S. Constitution and a violation of the Separation of Powers Doctrine.

]]> https://www.narsol.org/2023/01/7th-circuit-considers-overturning-ruling-on-indiana-sora/#comment-25523 Mon, 09 Jan 2023 20:27:26 +0000 https://narsol.org/?p=89931#comment-25523 Note how he ( judge) detached “the penalties” from the equation. This is an important point. If we recall SMITH V Doe03, the contemplation of processes associated with the judicial branch ARE relevant to the probative weighing as to the level of scrutiny demanded in Stare Decisis. This separates “the regime per se constitutionality” from the “as applied” challenge.

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